The shocking number of people who fail to turn up for court in Scotland
There are no excuses for failing to turn up to court when summoned but there are many reasons
A summons for most of us to appear at court, whether as witness, complainer or accused, would bring a quickening heartbeat, a bit of stomach churning, and dates written carefully into calendars. Court is an alien land. Black gowns, horsehair wigs, unfamiliar language. Many of us will never set foot in a courtroom in our lives.
For others, court is a familiar place. Decisions are made there about their liberty, families, and futures. Often huge decisions, with long-lasting consequences.
It may surprise you to learn how many don’t turn up for their court dates, whether for an initial hearing or a trial. For victims and witnesses, this is deeply upsetting. For the justice system, it creates constant churn. Cases are delayed, witnesses recalled, court time wasted, and confidence in the process is eroded.
A weekend in custody
Courts issue around 20,000 failure-to-appear warrants a year. Each one involves police officers being taken off other duties, background checks being compiled, visits to addresses – often outdated – and repeated attempts to find someone.
When people are eventually apprehended, they’re taken into custody, often overnight, and brought to court the next day. If this happens on a Friday, it can mean a weekend in custody. This adds up to many millions of pounds and that’s before we consider the human cost.
Why don’t people turn up? There are no excuses, but there are many reasons. We like to talk about personal agency, about people taking control of their own lives. In all my years in justice, I have yet to see someone accused pull out a diary or log multiple court dates into a phone calendar.
My team has interviewed people in police custody who were there because they failed to appear. Their stories won’t surprise you.
Mental health problems, poverty and addiction
People who’ve moved repeatedly and never received the letter. Chaotic addiction. Mental health problems. Court dates set many months, sometimes a year, in advance. No money for transport. Women in vulnerable situations.
And yes, a small number who simply refused to attend. For some, being picked up for missing court wasn’t the worst thing happening in their lives.
There are ways to improve this, though there is no single fix. Simple reminders matter. Texting people about court dates, just as GPs and dentists do, can nudge engagement and studies suggest attendance can improve by 20 to 30 per cent.
Support from third-sector organisations also makes a difference. They help people navigate the system, arrange transport, and bring some structure to lives that are often disordered.
Justice delayed, money wasted
I can already hear the objections: people should attend – they should be made to attend. But the reality is they don’t. And when they don’t, victims are let down, public money is wasted, and justice is delayed.
Good justice isn’t just about enforcement. It’s about designing a system that works with, not against, how humans act. If we want fewer warrants, fewer people remanded unnecessarily, and fewer victims retraumatised by delay, then we need to focus less on blame and more on what actually helps people turn up.
Systems – justice or otherwise – don’t succeed by assuming ideal behaviour. They succeed when they reflect how people actually live. If we want justice to work, we need to design it that way.
Karyn McCluskey is chief executive of Community Justice Scotland